Candidate will remain off ballot

Associated Press

Updated: Apr 30, 2012 10:39 AM

ALBUQUERQUE, N.M. (AP) — The New Mexico Supreme Court has upheld a ruling that a state legislative candidate is ineligible to run for the post held by state Rep. Antonio "Moe" Maestas.

The Albuquerque Journal reports ( http://bit.ly/IDSa38) that Maestas had challenged the candidacy of Johnny Luevano and claimed that Luevano wasn't a district resident on the legally required date.

A district court's ruling in Maestas's favor led Bernalillo County Clerk Maggie Toulouse Oliver to remove Luevano's name from the ballot.

Luevano then filed an appeal and claimed he was eligible to run because of a federal law that allows service members to establish a legal residency in a state while they are serving elsewhere.

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